Legal Question in Criminal Law in California

Hello, I was with two other Marines at a bar and upon leaving, we witnessed one of the men previously inside driving by with a female who one of us has spoken with earlier that night. We had just stopped outside the front doors when the man stopped his car, got out and came over to our group of 3. He began verbally arguing with one of us and when one of us tried to separate both, the man punched him. After that, me and the other marine with me lunged for the man and I tackled him to the ground. Upon wrestling with him, the police arrived and after only shouting at us to stop, used a taser on myself after I did not stop (I had no idea they were even around us and did not hear them at all). My other friend and the man stopped fighting after this and we all were arrested (the third marine with us saw the police earlier and was not fighting so was not arrested).

I and the other marine are charged with fighting in public and resisting arrest.

I have already been to the first court date (arraignment I believe) during which I did not enter a plea and opted to have the case postponed so I could speak with someone about the charges. It was determined that I qualified for a public defender. The DA offered a deal which would have taken away only the resisting arrest charge. They refused to offer a deal in which after completion of a program, all charges would be dropped and I was told that at my next court date this might be an available option with a different DA.

After reading more online, I really regret not being proactive with my case, especially since I just graduated college (I'm a reservist), was contemplating grad school, and definitely would like to keep my record clean. Currently the court date is a week away and I have not spoken with any public defender. I plan on going downtown to determine if I was appointed one and what I can still do in the little time left.

1. How can I best defend myself against these charges? Is it true that self-defense is not an option if it was just one of us that was attacked? Are chances better with a jury trial to get these charges dropped?

2. Is it possible to postpone the case again to obtain further information? How can I do so?

Much thanks.


Asked on 12/29/12, 7:20 pm

2 Answers from Attorneys
Joshua Hale Hale Law Group

1. Hire private counsel.

2. Yes it is possible, but only likely if you can honestly say to the judge you are retaining private counsel.

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Answered on 12/29/12, 7:46 pm
Anthony Roach Law Office of Anthony A. Roach

You need to get legal advice in a one on one setting with an attorney. It can be private counsel, the public defender, or even a JAG at your nearest base legal office. You are procrastinating and it is just going to make things worse.

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Answered on 12/30/12, 5:31 pm


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